Key Takeaways:
- You may have a claim against both the impaired driver and a bar or other licensed establishment that unlawfully served that driver while intoxicated.
- As of January 1, 2026, a liable alcohol licensee can be jointly and severally liable for 50% of the plaintiff’s actual damages when the DUI-related statutory requirements are met.
- Punitive damages may also be available, and the state doesn’t cap them when the defendant’s judgment was substantially impaired by alcohol.
In some South Carolina drunk-driving cases, an injured person may have a claim against more than just the impaired driver. A bar or restaurant may also be responsible if the facts show it unlawfully served alcohol before the crash. Proving this potential liability matters when the driver’s insurance isn’t enough to cover serious injuries.
Former prosecutor Ryan Alderson investigates that broader picture, including whether an alcohol licensee—known as a “dram shop” in the legal context—contributed to the circumstances that led to the crash. One of his notable cases valued at $1 million involved a bar that overserved a driver who later struck two pedestrians and fled. While every case is dependent on specific evidence, and past results don’t guarantee a similar outcome, here’s what you should know if you or a loved one suffered as a result of someone else’s negligence.
Table of Contents
Can You Sue the Drunk Driver After a DUI Crash?
Yes. A civil lawsuit is separate from any criminal case, and you don’t need a conviction to bring one. The standard of proof is also lower, since a civil plaintiff must prove the claim by the greater weight of the evidence rather than beyond a reasonable doubt.
Driving under the influence breaks traffic law, which makes liability evidence strong, but recovery depends on the driver's insurance and assets. A driver who’s uninsured—or who fled, as happened in the case above—may leave little to collect. These are often reasons to examine other sources of compensation, including the establishment that served the driver and your own coverage.
When Can a Dram Shop Be Held Responsible?
A bar, restaurant, or other alcohol-licensed facility isn’t automatically responsible simply because a drunk driver was a customer. These claims turn on what the establishment knew, what it served, and whether that alcohol service contributed to the crash.
What You Must Prove
South Carolina law prohibits licensed establishments from knowingly selling liquor by the drink to a person in an intoxicated condition. Although these cases are often called dram shop claims, our state doesn’t have a separate dram shop statute. Instead, courts recognize third-party negligence claims based on violations of alcohol control laws.
A claim generally requires evidence that the establishment unlawfully served an intoxicated person and that the service was a proximate cause of the injuries that followed. Useful evidence may include:
- Receipts and tabs
- Surveillance video
- Witness accounts
- Staff testimony
However, because footage and other records can disappear quickly, prompt investigation by a skilled Greenville auto accident lawyer like Ryan matters.
How 2026 Changes Affect Claims
Act 42 of 2025 applies to causes of action or claims arising or accruing after January 1, 2026. If a verdict is returned against both an alcohol licensee and a driver charged under one of the DUI-related statutes listed in the law, the establishment is jointly and severally liable for 50% of the plaintiff’s actual damages.
The 2026 law also changed several parts of these cases that can directly affect how fault is proven and how damages are allocated:
- Verdict forms. A defendant can ask the court to include the DUI-charged driver on the verdict form, which affects how the jury assigns responsibility between the driver and the establishment.
- Server training. Alcohol servers and managers must complete required training, which may help show what employees were expected to recognize when a customer appeared intoxicated.
- Recordkeeping. Licensed establishments must keep records showing that required employees completed the training. Missing or incomplete records may become relevant when examining whether the establishment followed its legal duties.
- Insurance. Act 42 revised liquor liability insurance requirements, which can affect what coverage is available if the establishment is found liable.
Taken together, these rules provide both sides with more evidence and structure for determining what the establishment knew, whether it followed the law, and how much responsibility it should bear.
If your crash happened before January 1, 2026, and your claim still isn’t resolved, the older rules apply. This means the date of the collision changes which liability rules govern your claim.
Can You Seek Punitive Damages After a Drunk-Driving Crash?
Compensatory damages after a car accident cover your losses, including medical bills, lost income, and pain and suffering. Punitive damages are different. They punish especially reckless conduct and are meant to discourage it.
South Carolina law allows punitive damages when clear and convincing evidence shows willful, wanton, or reckless conduct. They’re generally capped at the greater of three times compensatory damages or $500,000, but this doesn’t apply when alcohol substantially impaired the defendant’s judgment. That exception may apply to the impaired driver, while a bar would still need to be shown reckless based on its conduct.
What Should You Do After a DUI-Related Crash That Wasn’t Your Fault?
Early action preserves both your injury claim against the driver and any potential claim against an establishment that served alcohol:
- Get medical care immediately and follow and document your treatment plan.
- Ask for the police collision report and the driver's DUI charge information.
- Find out which bar or restaurant the driver left.
- Don’t give a recorded statement before understanding your options.
Additionally, contact a personal injury lawyer experienced in handling dram shop and DUI liability claims, since these cases often involve multiple defendants, different liability rules, and evidence that can disappear quickly. Ryan’s approach is built around careful preparation, creative legal strategy, and a willingness to take a case to trial when accountability requires it. At Alderson Law, he personally handles life-changing injury cases and works to uncover every responsible party, preserve the evidence, and build the strongest case possible while you focus on recovery.
The goal isn’t simply to move a claim toward a quick settlement. It’s to stand beside you through the process and pursue the justice and financial security your family needs after such life-altering circumstances.
